Allowed

Jagan Gaj v. State of Chhattisgarh

Chhattisgarh HC9 May 2022MCRC/1450/2022

Case brief

AI extract

What is this about?

Single common order dismissing two second bail applications under Section 439 CrPC. The High Court granted regular bail to three accused charged with NDPS offences, reasoning that prosecution witnesses in search and seizure failed to support the case. Bail granted on personal bond.

What did the court decide?

Applications for regular bail allowed; applicants directed to release on personal bond of Rs. 25,000 with one surety.

Jagan Gaj Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1450 of 2022

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Jagan Gaj S/o Girdhari Gaj Aged About 25 Years, R/o Pitamahal, Thana Sublya, District Subarnapur (Sonpur) Odisha.

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Mahendra Patra S/o Dwaru Patra, Aged About 35 Years, R/o Sandha, Thana Birmharajpur, District Subarnapur (Sonpur) Odisha

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---- Applicants

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station - Bodla, District - Kabirdham (Chhattisgarh), District : Kawardha (Kabirdham), Chhattisgarh

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---- Non-applicant

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MCRC No. 3437 of 2022

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Hemant Kumar Jagdla S/o Jagdanand Jagdla, Aged About 27 Years, R/o Sandha, Thana Birmharajpur, District Subarnapur (Sonpur) Odisha., District : Sonapur, Orissa

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---- Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station Bodla, District Kabirdham (Chhattisgarh), District : Kawardha (Kabirdham), Chhattisgarh

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---- Non-applicant

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For Applicants – Mr. Vikash Pradhan, Advocate. For State/Non-applicant – Ms. Astha Shukla, Govt. Advocate.

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Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board

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09-05-2022

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As both these applications arise out of the same crime number, i.e. Crime No.266 /2020 registered at Police Station - Bodla, District Kabirdham , Chhattisgarh, they are being decided by this common order.

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2 . Both these applications are second bail applications filed under Section 439 of the Cr.P.C by applicants before this Court for grant of regular bail. These applicants have been arrested on 30-12-2020 in connection with aforesaid

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crime number for the offence under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act.

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3 . Learned counsel for the applicants in both the applications submits that

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these are the second bail applications filed by the applicants before this Court,

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-2-

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their earlier bail application, MCRC No.5296/2021 was dismissed as withdrawn on 25-08-2021 and liberty was granted to file repeat application after examination of the witnesses search and seizure in trial. It is submitted that these applicants have been falsely implicated in this case. The independent witnesses of search and seizure have been examined in the trial and they have not supported the prosecution case. Therefore, it is prayed that these applicants be granted bail.

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Learned counsel for the State/non-applicant opposes the applications and submits that the quantity of contraband seized from the possession of these applicants is huge and commercial quantity. Further, they are residents of Odisha, hence, if they are granted bail, they may not be available for trial. Therefore, the applications may be rejected.

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5 . Heard learned counsel for the parties and perused the case diary.

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6 . According to the prosecution case, seizure of 154.088 kg. Ganja was made from a truck of which these applicants were occupants. Hence, this case. 7 . Considered on the submissions and perused certified copy of the depositions of the witnesses of search and seizure and it is found that these witnesses have not supported the prosecution case, this development has to be taken notice of, hence, I feel inclined to allow both these applications.

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Consequently, both these applications filed by the applicants under Section 439 of the Cr.P.C. for grant of regular bail are hereby allowed. It is directed that these applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for their appearance as and when directed.

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9 . Certified copy as per rules.

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Sd/-

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(Rajendra Chandra Singh Samant) Judge

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Aadil

Jagan Gaj v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Jagan Gaj v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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